Section 31 of the Basic Conditions of Employment Act, Act 75 of 1997 (as amended) requires the employer to keep records of payments made to employees for three years. Section 29 of the Tax Administration Act, Act 28 of 2011 (as amended), however, requires the employer to keep records regarding its employees for five years….
Category: DID YOU KNOW
DYK – Companies Can Now Register Their Information Officers Online.
The long-awaited online registration portal is now accessible and active for Information Officer registrations. One can also register the respective deputies as per Section 55 and 56 of the POPIA on the Information Regulator’s website. Companies will now be able to deal with registrations more efficiently, which is more user-friendly than submitting the registration forms manually. …
DYK – Domestic Workers Are Now Covered By The Compensation For Occupational Injuries And Diseases Act 130 Of 1993 (COIDA)?
A domestic worker, in terms of the Basic Conditions of Employment Act, is defined as any employee who performs domestic work in their employer’s home. This includes gardeners, a person employed as a driver and or a person who takes care of children, the aged, frail or the disabled. In a landmark decision, the Constitutional…
DYK – Informal Training Is Capped For Purposes Of BEE Calculations?
Informal training comprises both your unaccredited external training as well as your internal training. This type of training usually falls under Category F & G on the Skills Development Matrix. External informal programmes are structured and can take the form of short courses, workshops or seminars. Upon completion, the trainee receives a completion certificate or…
DYK – Small Businesses Can Make Family Responsibility Leave Part Of Annual Leave?
Few employers are aware of a Ministerial Determination made in 1999, which relaxes some of the Basic Conditions of Employment Act provisions for small businesses. One of these concessions is regarding Family Responsibility Leave. Usually, an employee who works over four months for an employer and works for more than four days a week is…
DYK – The Scope Of Application Of The POPI Act Includes Employee Information?
In Section 1 of the POPI Act, “personal information” is defined as information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person. There is a common misconception that this definition only applies to the information of an entity’s customers or suppliers. As an employer in possession of employees’ personal…
DYK – There Are Different Turnover Thresholds For Different Sectors?
The Codes of Good Practice provide that entities with a turnover over R50 million are generic entities. An entity with a turnover between R10 million and R50 million is a Qualifying Small Enterprise (QSE), and an entity with a turnover less than R10 million is an Exempted Micro Enterprise (EME). The Transport Sector Codes provide…
DYK – Casual Employees Are Also Entitled To Annual Leave?
Some employers think that casual employees are not entitled to annual leave. However, this is not correct. In terms of the Basic Conditions of Employment Act 1997, all employees are entitled to annual leave irrespective of their job description and whether they are permanently employed or not. A casual worker is regarded as an employee…
DYK – Your Online Store May Have To Comply With The Requirements Of ECTA?
When selling goods online, a Supplier must assess whether it is required to comply with the requirements of the Electronic Communications and Transaction Act 2 of 2002 (“ECTA)”. Suppliers, which sell goods online to natural persons who are the end users of said goods, unless specifically excluded from doing so, must comply with the requirements…
DYK – If An Applicant Fails To Appear At An Arbitration, The Matter Is Removed, And The Applicant May Apply For A Request For Re-Enrollment.
DYK – If An Applicant Fails To Appear At An Arbitration, The Matter Is Removed, And The Applicant May Apply For A Request For Re-Enrollment. According to the Directive of the CCMA drafted in terms of Section 138(5)(a) of the Labour Relations Act, the Commissioner must decide whether the Applicant who refers a matter for…